56882 Federal Register / Vol. 88, No. 160 / Monday, August 21, 2023 / Notices 

Application No. Applicant Species Location Activity Type of take Permit 

action 

PER3765003 ... Kathleen O’Brien, New 

York State Department of Environmental Conservation, 

Albany, NY.

Karner blue butterfly 

(Lycaeides melissa 

samuelis).

New York, New Hampshire.Collection, propagation, 

translocation, release.

Capture, collect .............. New. 

ES01311C–1 ... Shawn McKinley, Grafton, WV.Indiana bat (Myotis 

sodalis), gray bat 

(Myotis grisescens), 

northern long-eared 

bat (Myotis 

septentrionalis), Virginia big-eared bat 

(Corynorhinus 

(=Plecotus) 

townsendii 

virginianus).

Alabama, Arkansas, 

Connecticut, Delaware, Georgia, Illinois, Indiana, Iowa, 

Kansas, Kentucky, 

Louisiana, Maine, 

Maryland, Michigan, 

Minnesota, Mississippi, Missouri, 

Montana, Nebraska, 

New Hampshire, New 

Jersey, New York, 

North Carolina, North 

Dakota, Ohio, Oklahoma, Pennsylvania, 

South Carolina, Tennessee, Virginia, 

Vermont, West Virginia, Wisconsin, Wyoming.

Capture, band, telemetry, nonintrusive 

measurements, release.

Capture, collect .............. Renew. 

PER3765688 ... Jason Clingerman, Morgantown, WV.Candy darter 

(Etheostoma osburni).

Virginia, West Virginia .. Presence/probable absence survey.Capture, release ............. New. 

PER3770204 ... Marco Carvello, Department of Energy and 

the Environment, District of Columbia.

Northern long-eared bat 

(Myotis 

septentrionalis), tricolored bat 

(Perimyotis subflavus).

District of Columbia ...... Capture, band, telemetry, nonintrusive 

measurements, release.

Capture, collect .............. New. 

Public Availability of Comments 

Written comments we receive become 

part of the administrative record 

associated with this action. Before 

including your address, phone number, 

email address, or other personal 

identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can request in your comment 

that we withhold your personal 

identifying information from public 

review, we cannot guarantee that we 

will be able to do so. Moreover, all 

submissions from organizations or 

businesses, and from individuals 

identifying themselves as 

representatives or officials of 

organizations or businesses, will be 

made available for public disclosure in 

their entirety. 

Next Steps 

If we decide to issue permits to the 

applicants listed in this notice, we will 

publish a notice in the Federal Register. 

Authority 

Section 10(c) of the Endangered 

Species Act of 1973, as amended (16 

U.S.C. 1531 et seq.). 

Martin Miller, 

Manager, Division of Endangered Species, 

Ecological Services, Northeast Region. 

[FR Doc. 2023–17852 Filed 8–18–23; 8:45 am] 

BILLING CODE 4333–15–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1365] 

Certain Photovoltaic Connectors and 

Components Thereof; Notice of a 

Commission Determination Not To 

Review Initial Determinations 

Amending the Complaint and Notice of 

Investigation and Setting a 17-Month 

Target Date 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined not to 

review two initial determinations issued 

by the presiding administrative law 

judge (‘‘ALJ’’) granting a motion of 

complainant Shoals Technologies 

Group, LLC (‘‘Shoals Technologies’’ or 

‘‘Complainant’’) to amend the complaint 

and notice of investigation (‘‘NOI’’) to 

assert certain claims of U.S. Patent No. 

11,689,153 (‘‘the ’153 patent’’) (Order 

No. 5) and setting a 17-month target date 

for November 12, 2024 (Order No. 6). 

FOR FURTHER INFORMATION CONTACT: Paul 

Lall, Office of the General Counsel, U.S. 

International Trade Commission, 500 E 

Street SW, Washington, DC 20436, 

telephone (202) 205–2043. Copies of 

non-confidential documents filed in 

connection with this investigation may 

be viewed on the Commission’s 

electronic docket (EDIS) at https://

edis.usitc.gov. For help accessing EDIS, 

please email EDIS3Help@usitc.gov. 

General information concerning the 

Commission may also be obtained by 

accessing its internet server at https://

www.usitc.gov. Hearing-impaired 

persons are advised that information on 

this matter can be obtained by 

contacting the Commission’s TDD 

terminal, telephone (202) 205–1810. 

SUPPLEMENTARY INFORMATION: On June 9, 

2023, the Commission instituted this 

investigation based on a complaint filed 

by Shoals Technologies. 88 FR 37905– 

06 (June 9, 2023). The complaint alleges 

violations of section 337 of the Tariff 

Act of 1930, as amended, 19 U.S.C. 1337 

based upon the importation into the 

United States, the sale for importation, 

or sale within the United States after 

importation of certain photovoltaic 

connectors and components thereof by 

reason of infringement of certain claims 

of U.S. Patent Nos. 10,553,739 (‘‘the 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 160 / Monday, August 21, 2023 / Notices 56883 

’739 Patent’’) and 10,992,254 (‘‘the ’254 

Patent’’). The Commission’s NOI named 

the following eight respondents: (1) 

Hikam America, Inc. of Chula Vista, CA; 

(2) Hikam Electro ́nica de Me ́xico, S.A. 

de C.V. of Mexicali, Mexico; (3) Hikam 

Tecnologia de Sinaloa of Guasave, 

Mexico; (4) Hewtech Philippines Corp. 

of Laguna, Philippines; (5) Hewtech 

Philippines Electronics Corp. of 

Pampanga, Philippines; (6) Hewtech 

(Shenzhen) Electronics Co., Ltd. of 

Shenzhen, China; (7) Voltage, LLC of 

Chapel Hill, NC; and (8) Ningbo Voltage 

Smart Production Co. (‘‘Ningbo 

Voltage’’) of Ningbo, China. Id. The 

Office of Unfair Import Investigations 

was also named as a party in this 

investigation. Id. 

On June 29, 2023, Complainant filed 

an unopposed motion for leave to 

amend the complaint and NOI to add 

allegations of infringement against 

respondents Voltage, LLC and Ningbo 

Voltage (collectively, ‘‘Voltage’’) related 

to claims 1, 2–3, 6, 8, 11–18, 21, 23, and 

24 of U.S. Patent No. 11,689,153 (‘‘the 

’153 patent’’). See Order No. 5, at 1. In 

its motion, Complainant argued that: (1) 

addition of the ’153 patent will not 

affect the scope of discovery because 

‘‘the ’153 Patent is a continuation of a 

patent that is already asserted in the 

Investigation; (2) it seeks to assert the 

’153 Patent against the same 

respondents and accused products; and 

(3) the ’153 Patent relates to the same 

technology that is already at issue in the 

Investigation.’’ Order No. 5, at 2. 

Complainant further argued that 

‘‘[g]ranting the proposed amendment 

will not prejudice the rights of the 

parties or the public interest because the 

proposed amendment will: (1) add 

substantially similar allegations based 

on a related patent to those currently 

asserted; (2) not delay or disrupt the 

timely progression of the Investigation; 

and (3) promote judicial economy by 

allowing the parties to litigate related 

patents by the same parties against the 

same accused products in the same 

investigation.’’ Id. No party opposed the 

motion. Id. at 1. 

On July 18, 2023, the ALJ issued the 

first subject ID (Order No. 5), granting 

Complainant’s motion to amend the 

complaint and NOI as requested. The ID 

finds that Complainant had established 

good cause for the proposed amendment 

pursuant to Commission Rule 

210.14(b)(1) (19 CFR 210.14(b)(1)). As 

the ID explains, Complainant could not 

have asserted the ’153 patent at the time 

it filed its original Complaint because 

the ’153 patent issued on June 27, 2023, 

over a month after the original 

complaint was filed on May 4, 2023. See 

Order No. 5, at 4. In addition, the ID 

finds that ‘‘there does not appear to be 

any evidence demonstrating that 

inclusion of the ’153 patent will 

substantially expand the scope of 

discovery because the claimed subject 

matter is similar to the ’254 patent, 

which is already asserted in this 

investigation, and the accused and 

domestic industry products are the 

same.’’ Id. The ID concludes that neither 

Voltage nor the public interest will be 

prejudiced by the amendment. Id. 

On July 18, 2023, the ALJ issued the 

second subject ID (Order No. 6), 

pursuant to Commission Rule 

210.51(a)(1), setting a 17-month target 

date for completion of the investigation 

of November 12, 2024 in consideration 

of ‘‘the parties’ proposals, the parties’ 

scheduling conflicts, the scope of this 

investigation, and the [presiding ALJ’s] 

responsibilities in other investigations.’’ 

Order No. 6, at 2. The ID further states 

that the deadline for issuing the final ID 

is July 12, 2024. Id. 

No party filed a petition for review of 

the subject IDs. 

The Commission has determined not 

to review the subject IDs (Order Nos. 5 

and 6). Pursuant to Commission Rule 

210.14, the Notice of Investigation is 

amended to include claims 1, 2–3, 6, 8, 

11–18, 21, 23, and 24 of the ’153 patent. 

The target date for completion of the 

investigation is set for November 12, 

2024, and the deadline for issuing the 

final ID is July 12, 2024. 

The Commission vote for this 

determination took place on August 15, 

2023. 

The authority for the Commission’s 

determination is contained in section 

337 of the Tariff Act of 1930, as 

amended (19 U.S.C. 1337), and in Part 

210 of the Commission’s Rules of 

Practice and Procedure (19 CFR part 

210). 

By order of the Commission. 

Issued: August 16, 2023. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2023–17898 Filed 8–18–23; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Proposed Agreed 

Modification of Consent Decree Under 

The Comprehensive Environmental 

Response, Compensation, and Liability 

Act 

On August 11, 2023, the Department 

of Justice lodged a proposed Agreed 

Modification of the Consent Decree with 

the United States District Court for the 

Western District of Michigan in the 

lawsuit entitled United States of 

America and the State of Michigan v. 

NCR Corporation, Civil Action No. 

1:19–cv–01041. 

The United States, on behalf of the 

United States Environmental Protection 

Agency (‘‘EPA’’), and the State of 

Michigan, on behalf Michigan 

Department of Environment, Great 

Lakes, and Energy, filed suit in 2019 

against NCR Corporation (‘‘NCR’’) under 

the Comprehensive Environmental 

Response, Compensation, and Liability 

Act for the recovery of response costs 

and the performance of response work 

at the Allied Paper, Inc./Portage Creek/ 

Kalamazoo River Superfund Site in 

Michigan (the ‘‘Site’’). 

The Agreed Modification concern the 

provisions of the Original Consent 

Decree relating to Operable Unit 5, Area 

3 (‘‘OU5, Area 3’’) of the Site, 

constituting a portion of the Kalamazoo 

River. The Original Consent Decree 

included a template Agreed 

Modification to amend the Decree to 

add the OU5, Area 3 Record of Decision 

and an updated Statement of Work. In 

May 2022, EPA issued the ROD for OU5, 

selecting a remedy with a current 

estimated cost of $34,000,000. This 

proposed Agreed Modification of the 

Consent Decree follows the template 

from the Original Consent Decree and 

will govern NCR’s performance of that 

work. 

Additionally, the Agreed Modification 

also makes one minor clarifying 

correction to the Original Consent 

Decree regarding how NCR should make 

installment payments to EPA for future 

response costs, specifying that the 

payments should go to the Financial 

Litigation Unit. 

The publication of this notice opens 

a period for public comment on the 

Agreed Modification of the Consent 

Decree. Comments should be addressed 

to the Assistant Attorney General, 

Environment and Natural Resources 

Division, and should refer to United 

States of America and the State of 

Michigan v. NCR Corporation, D.J. Ref. 

No. 90–11–2–07912/11. All comments 

must be submitted no later than thirty 

(30) days after the publication date of 

this notice. Comments may be 

submitted either by email or by mail: 

To submit 

comments: Send them to: 

By email ....... pubcomment-ees.enrd@

usdoj.gov. 

By mail ......... Assistant Attorney General, 

U.S. DOJ—ENRD, P.O. 

Box 7611, Washington, DC 

20044–7611. 


ddrumheller on DSK120RN23PROD with NOTICES1